Recent Win: DelRay Windows v. Mars Builders Inc.

The client, a commercial window installer, was pursuing payment of $263,000 from the builder/owner. The client’s claim was that installment payments had stopped, although the job was 90 percent completed. In addition, the client was forced off the job because he could no longer fund the operation. MB&M filed an action on behalf of the client with the American Arbitration Association to recoup the contract balance, penalties, interest and attorney fees. The builder/owner filed a counterclaim with the AAA alleging various concerns about the materials and workmanship.

MB&M attorneys gathered information, including from the former construction manager, who had left the site before the window installer began work.

Upon review, MB&M attorneys found there was no documentation of any purported quality disputes; that shop drawings did not specify make or manner; and there was no construction manager on site to provide guidance to the client. In addition, MB&M called in an expert to provide testimony disputing the counterclaims of improper installation, and also cross-examined the builder/owner’s expert.

The result was a judgment in favor of the client/plaintiff of $386,880.